The case against Christopher Cash, a former parliamentary researcher, and Christopher Berry was suddenly dropped by the Crown Prosecution Service on September 15
Keir Starmer last night (TUE) defended the government’s involvement in a major Chinese spying case that collapsed last month.
The case against Christopher Cash, a former parliamentary researcher, and Christopher Berry was suddenly dropped by the Crown Prosecution Service on September 15. At the time Downing Street said it was “disappointed” with the decision.
In order to prove the case under the Official Secrets Act, prosecutors would have had to show the defendants were acting for an “enemy”. On Tuesday Mr Starmer defended the government insisting the decision to brand China a threat would have to have been taken under the Tories.
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He told reporters travelling to India: “Let me just be really clear about this. What matters is what the designation was in 2023, because that’s when the offence was committed and that’s when the relevant period was.
“Therefore statements were drawn up at the time according to the then government policy, and they haven’t been changed in relation to it, that was the position then. I might just add, nor could the position change, because it was the designation at the time that matters.
“You can’t prosecute someone two years later in relation to a designation that wasn’t in place at the time.”
Asked whether he was briefed on the process from the government’s perspective, he replied: “Of course I’m being briefed in relation to the matter, as you’d expect.”
It came after Director of Public Prosecutions, Stephen Parkinson, wrote to senior MPs yesterday (TUE) over the case involving the two men. He said he was satisfied by the decision of the CPS to charge in the case in April 2024 on the basis of the 1911 Official Secrets Act.
He said: “Some weeks later, a High Court decision ruled that ‘enemy’ for the purposes of the 1911 Act includes a country which represents at the time of the offence, a threat to the national security of the UK.”
But Mr Parkison said efforts were then taken to obtain evidence over “many months”.
He added: “Notwithstanding the fact that further witness statements were provided, none of these stated that at the time of the offence China represented a threat to national security, and by late August 2025 it was realised that this evidence would not be forthcoming. When this became apparent, the case could not proceed.”
Earlier this week No10 said suggestions government interference led to the collapse of the case were “all untrue”.
Mr Cash and Mr Berry have denied all wrongdoing.
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